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HomeMy WebLinkAboutPC Res 97-01 - 1997-01-08 .. ," '. . RESOLUTION NUMBER 97-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW NO 96-7, PERMITTING THE ADDITION OF A FOUR (4) CAR GARAGE INCLUDING ONE (1) TANDEM SPACE TO A NONCONFORMING DUPLEX LOCATED AT 236 sTII STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On November 26, 1996, Brent Sears, Architect filed an application on behalfofJim Swanson (the "Applicant") with the Department of Development Services for Conditional Use Permit 96-4 and M100r Plan Review 96-7 Through these requests, the applicant sought the following MPR 96-7' To construct a new four-car garage, includ10g one (1) tandem parking space 10 order to meet parking requirements CUP 96-4 To perform a major addition/remodel to a nonconforming duplex located at 236 5th Street, Seal Beach The addition includes a 215 square foot addition to the front unit and a 610 square foot addition to the rear unit The property currently provides none of the required on-site parking. SectIOn 2 Pursuant to 14 Calif Code of Regs ~ Is02s(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows The application for CUP 96-4 and Plan Review 96-7 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Cahf Code of Regs ~ 15301 (EXIsting Uses), because it involves the negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change in land use or denSIty, and finally, pursuant to ~ Is06I(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3 A duly noticed public hearing was held before the Planning Commission on January 8, 1997 to consider the application for MPR No 96-7 At the public hearing the applicant spoke in favor of the request with no one speaking in opposition Section 4 The record of the hearing on January 8, 1997 indicates the following (a) On November 26, 1996, Brent Sears, Architect filed an apphcation on behalf of Jim Swanson (the "Applicant") with the Department of Development Services for Conditional Use Permit 96-4 and Minor Plan Review 96-7 (b) The applicant is requesting the following MPR 96-7. To construct a new four-car garage, including one (1) tandem parking space in order to meet parking requirements / CUP 96-4 To perform a major addition/remodel to a nonconforming duplex located at 236'sth Street, Seal Beach The addition includes a 215 square foot addition tC' ~he front unit and a 610 square foot addition to the rear unit The property currently provides none of the required on-site parking (c) The subject property, legally defined as Lot 36 and the North East half of Lot 34 in Block 105 of Bay City, as per map recorded in Book 3, page 19 of Miscellaneous Maps, in the office of the county recorder of said county The subject property is also described as Orange County Assessor's Parcel No 199-023-7. C 'My Documenls'M,nor Plan RI!V1eWS196-7 ResolutJon doc Planning CommiSSIOn ResolutIOn No 97-1 January 8, 1997 (d) The subject property is a rectangular lot with 37 5' x 117 5' dimensions (4,406 square feet) (e) The subject property is located on the easterly side of 5th Street approximately 4425 feet northward of the center of the intersection of 5th Street and Central Avenue (f) The subject property is surrounded on all sides by a mixture of single family dwellings and multiple family dwellings in the ResIdential High Density zone, (RHO) (g) The subject property IS nonconforming due to insufficient on-site parking and an insufficient side yard setback of three feet (3 ') on the northerly side of the existing dwelling unit. However, for the purpose of the proposed addition, the Code conSiders the property to meet the required side yard setback, as a minimum of three (3 ') is provided (h) The City has received no responses, written or other, regarding its mailed and posted notice regarding this request (i) CUP 96-4 and MPR 96-7 Staff received no replies, written or other, regard10g the notice for Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2407, 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) Staff inspected the subject property on December 19, 1996, and found the subject unit currently meets the requirements of the building code (b) The granting ofM1Oor Plan Review 96-7 and CUP 96-4 IS consistent with the provisions of the General Plan which indicate the subject property is to be used for high density residential purposes, winch includes legally nonconform1Og duplexes (c) The building and property at 236 5th Street are adequate in size, shape, topography and location to meet the needs of the proposed use of the property (d) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utlhties for the proposed use (e) The proposed addition is in keep10g with the reqUIrements of Section 28-2407(A)(4) of The Code of the Citv of Seal Beach, as the subject property is nonconforming solely due to the provision of tandem parking Section 6 Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 96-7, subject to the following conditions 1 Minor Plan Review 96-7 is approved for the addition of a four-car garage which includes on tandem parking space at 236 5th Street, Seal Beach 2 All construction shall be in substantial compliance with the plans approved through MPR 96-7 and CUP 96-4 3 This Minor Plan Review shall not become effective for any purpose unless an "Acceptancv of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, until the ten (10) day appeal period has elapsed 96-7 ResolutJon BCC be Page 2 Planning CommissIOn ResolutIOn No 97-1 January 8, 1997 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 8th day ofJanuary, 1997 by the following vote AYES Commissioners Brown, Law, Sharp, Yost NOES' Commissioners ABSENT' Commissioners Hood . ee Whittenberg, Secretary Planning Commission t 96-7 Resolubon BCC be Page 3